1. When the matter was taken up for hearing, Mr. Vibhuti Nanavati learned counsel for the appellant states that he is challenging the impugned award dated 10.04.2001 passed by the Motor Accident Claims Tribunal (Aux.), Surendranagar in M.A.C.P. No.935/1991 only to the limited extent that while passing the impugned award, the Tribunal has committed an arithmetical error inasmuch as though the total compensation calculated under different heads came to Rs.83,000/-, the Tribunal awarded Rs.93,000/- while passing the final award. He submitted that he would not be in a position to assail the impugned award on merits.
2. In view of the statement made by learned counsel Mr. Nanavati, this Court does not find it necessary to discuss the impugned award on merits. However, having gone through the impugned award, I find that the Tribunal has committed an arithmetical error inasmuch as while passing the final award, the Tribunal has awarded Rs.10,000/- in excess since the total compensation awarded under different heads came to Rs.83,000/- only. Hence, the excess amount of Rs.10,000/- is required to be refunded.
3. Accordingly, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for total compensation of Rs.83,000/- as against Rs.93,000/- awarded by the Tribunal. The rest of the impugned award remains unaltered. The impugned award stands modified accordingly. The appeal stands disposed of.
[K.
S. JHAVERI, J.] Pravin/* Top